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2024 Neb. L. Rev. Bulletin 1 (2024)

handle is hein.journals/nelrvbu2024 and id is 1 raw text is: THE NEBRASKA LAW REVIEW BULLETIN A Good IDEA: Analyzing the Ineffective Enforcement of IDEA Due to Limitations on the Recovery of Attorneys' Fees Anna Anderson J.D. Candidate | University of Nebraska College of Law I. INTRODUCTION Nearly 14% of students in America's public schools-over seven million children-are students with disabilities.1 Historically, American public schools were not kind or inclusive places for these students,2 but a series of social and legislative changes transformed public schools into an invaluable resource for them and their families. Quality Special Education programs are now considered an essential element of our national policy of ensuring equality of opportunity.3 One of the critical pieces of legislation securing rights for students with disabilities is the Individuals with Disabilities Education Act, or IDEA.4 Importantly, IDEA ensures that students with disabilities can protect their rights through specific enforcement procedures, many of which depend on the ability of the prevailing party to recover attorneys' fees.5 However, the enforcement of special education laws remains flawed. The National Council on Disability (NCD) noted in 1995 that the majority of problems which have occurred in special education have not been the result of problems with the law itself, but with its implementation. 6 Indeed, a significant portion of the research and academic discussion regarding the enforcement 1 Katherine Schaeffer, As schools shift to online learning amid pandemic, here's what we know about disabled students in the U.S., PEW RSCH. CTR. (April 23, 2020), https://www.pewresearch.org/fact-tank/2020/04/23/as- schools-shift-to-online-learning-amid-pandemic-heres-what-we-know-about-disabled-students-in-the-u-s/. 2 A History of the Individuals With Disabilities Education Act, INDIVIDUALS WITH DISABILITIES EDUCATION ACT (last modified March 18, 2022), https://sites.ed.gov/idea/IDEA-History. 3 Individuals with Disabilities Education Act, 20 U.S.C. § 1400(c)(1). 4 20 U.S.C. § 1400. 5 20 U.S.C. § 1415. 6 NAT'L COUNCIL ON DISABILITY, IMPROVING THE IMPLEMENTATION OF THE INDIVIDUALS WITH DISABILITIES ED ACT: MAKING SCHOOLS WORK FOR ALL OF AMERICA'S CHILDREN, (1995), https://ncd.gov/publications/1995/09051995. 1